divorce

Alimony can be lost based on cell phone data

For many Massachusetts residents who have come through divorce, the money received by way of alimony payments is vital to one’s ability to move forward in their new lives as single people. In many cases, the partner who receives alimony set aside their own education or career advancement in order to support the family unit. When such a marriage ends in divorce, the courts often recognize those sacrifices through an award of alimony. However, spouses who rely on receipt of those payments to make ends meet should be aware that there are choices that can put them at risk of losing their alimony. For example, in many divorce agreements there is a stipulation that alimony will cease of the receiving party remarries or begins to cohabitate with another partner. While this may seem like a clearly defined boundary, in reality the issue of cohabitation can come under serious legal scrutiny. As a new relationship progresses, overnight visits are often the norm. In fact, in the early stages of a new love, many people seek to spend as much time together as possible. For divorced parents who retain custody of their children, spending time with a new partner is often easier in the evening hours, after the children have gone to bed and the house is quiet. However, it is important to consider how one’s lifestyle could come into play if their former spouse chooses to try to stop paying alimony. One tool that is frequently used in alimony cases involves

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A prenup can simplify Massachusetts property division

When a couple is preparing to begin a life together as husband and wife, many consider drafting a prenuptial agreement. Once considered to be solely in the realm of the rich and famous, these contracts are becoming commonplace within many marriages, regardless of wealth. A prenuptial agreement can greatly simplify the property division portion of a Massachusetts divorce, in the event that a marriage does not work out. In order to create a prenup that will withstand any future legal challenge, there are a few necessary precautions that should be taken at the onset. A prenup should be clearly drafted and easy for all parties to understand. It should outline a fair distribution of assets in the event of a divorce, and not make any extreme or unbalanced demands. Finally, a prenuptial agreement should be just that: an agreement, not a condition of marriage. Should one party try to challenge a prenup, the matter will likely go before a judge. Judges will review the agreement to ensure that it was created as an outline of how assets are to be divided in the event of divorce. Stipulations or conditions that are unfair or heavily biased toward one party are likely to be thrown out. In the event that the entire document is found to be invalid, the property division process will revert back to the guidelines of the state. The best way to create a prenuptial agreement that is fair and enforceable is to work together to structure the Massachusetts

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Property division can lead to Massachusetts condo disputes

As some Massachusetts residents know, having a vacation condo is a luxury couples enjoy. However, when a couple decides to divorce, the shared condo can become a thorn in the property division process. If the condominium is not the primary residence, then charges and fees associated with the shared property can complicate property division. Condominiums are not often the main place of residence for many couples as they are more commonly used as vacation spaces or rental property. Nevertheless, fees must be paid to building owners to maintain the space. When a couple is divorcing, building owners can often be burdened with a lack of fee payment. If the issue of who will be sole owner of a condo is unclear, one party may not wish to continue to pay maintenance fees on a place they do not live and may not own after the divorce. Building owners may face their own legal issues if a divorcing couple cannot come to an agreement about a shared condo. Owners may need legal paperwork should one individual wish to keep the other title holder out of the shared space. Additionally, if the parties cannot come to terms with fee payments, building owners may have to take action for nonpayment, which could include eviction or suing for compensation. Property division can become exceedingly complicated when third parties are involved. Making the divorce and division process as painless as possible is usually the route most parties would like to take. Understanding the rights and

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When to seek help in the property division process

Just as no two marriages are ever alike, so it goes with divorce. While reality television shows would have us believe that every divorce is embittered and nasty, in the reality version of reality there are many Massachusetts couples who end their marriages amicably. However, when it comes to the process of disentangling lives and finances, there can be such a thing as being ‘too nice,’ especially during the property division portion of the experience. Some spouses feel guilty about ending their marriage, especially if the other spouse is not ready to throw in the towel just yet. Other times, there have been lapses of judgment that lead one party to carry feelings of guilt. When considering how to end a marriage, the best course of action is to look at the process as a business transaction, leaving emotions completely out of the matter. For spouses who are considering filing for divorce without an attorney, it is important to understand what is at stake. The decisions made throughout the divorce process can have lasting effects, especially financial issues handled during the property division portion of a divorce. Having solid legal counsel is not an aggressive stance against one’s former partner, it is simply an acknowledgment that divorce is a complicated legal matter that requires a comprehensive understanding of Massachusetts law. When preparing to divorce, the best approach to take is to make every effort to protect one’s legal interests, and assume that one’s partner is going to do the same.

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Non-traditional couples may face unique legal issues

For many same-sex couples in Massachusetts, issues of marriage and divorce can become complicated. These matters can become exponentially more complex when a couple chooses to relocate to a state in which same-sex marriage is not recognized. In such cases, non-traditional couples are often confronted with legal issues that differ from those faced by heterosexual couples. This may be the case for reality television host David Tutera, whom readers may know for his role on the show ‘My Fair Wedding.’ Tutera married his husband ten years ago, but the couple relocated to a state that does not recognize same-sex marriage. They are now seeking to end their marriage, and are also facing a child custody battle. The couple is currently working with a surrogate who is carrying twins scheduled to be born in July. However, the men have been separated since Jan. 2013, and are currently seeking to end their union. Tutera’s husband is asking for full custody of the twins, and has recently gone public with accusations that Tutera has an addiction to sex. He further claims that Tutera frequently uses the services of escorts and prostitutes to conduct sexual activity. As this case moves through the legal process, the men will likely face issues that confront all non-traditional couples, including difficulties divorcing in a state that does not allow same-sex marriage. The matter of child custody may move forward in a separate proceeding, and each side will have the chance to present a legal argument as to why

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Property division issues for high-earning women who divorce

Times have changed, in Massachusetts and across the nation, and the days in which men were the breadwinners and women were the house makers are long gone. While there are still some households that adhere to this once-standard social norm, many others are comprised of two working spouses. In some cases, women bring in the bulk of the household’s income. For such women who face divorce and the inevitable property division process, there are a number of considerations that come into play. Divorce involves the division of marital assets, which can become complicated in some families. As with any financial matter, the best approach lies in proper planning. To that end, prenuptial or postnuptial agreements are one of the best ways to protect assets in the event of a divorce. Another savvy financial move is to maintain any inheritance money or assets separately from marital funds. Keep such assets within the name of the receiving party, and do not use inheritance funds to pay for jointly held debt. Another issue concerns business interest. For women who own their own business, much of the hard work and effort put into making that business profitable can be lost through divorce. There are ways to safeguard against these types of losses, including the use of trusts or other legal agreements. These avenues should be explored before the need arises to protect one’s business during a divorce proceeding. For women who have achieved a high level of success in the workplace, the best way

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Investing the proceeds from property division

Once the dust settles and the papers are all signed, many newly divorced individuals find that they have a new set of decisions to make. Among these is what to do with the proceeds gained from the property division process. For Massachusetts resident who are emerging from divorce, it may be tempting to put off making additional decision, especially if the divorce was contentious or lengthy. However, letting one’s divorce proceeds simply sit in the bank is never the most financially savvy option. The money that comes as a result of divorce is best put to use in building financial security for one’s future. Whether that means establishing emergency savings, investing in a retirement plan or purchasing a mix of stocks and other investment vehicles, the choices made at this stage can greatly affect one’s finances in the years to come. In addition, there is a great deal of benefit gained from taking a proactive stance toward one’s finances, especially for parties who were not involved in the financial management aspects of the former marriage. Retirement planning should play a role in how divorce proceeds are allocated. In some cases, divorced spouses who were married for at least 10 years can claim benefits from the Social Security record of their former spouse. This is not, however, a comprehensive retirement plan, and should be considered as a means of supplemental retirement income only. The best method of determining how to invest for retirement is to asses existing finances and then estimate

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Same-sex couples face divorce challenges

Divorce can be a daunting prospect, no matter the gender of the spouses. However, when same-sex couples in Massachusetts decide to divorce, they face a set of challenges that heterosexual couples do not. Chief among these are concerns that arise when a same-sex couple resides in a state in which their marriage is not legally recognized. In such cases, spouses are left with little choice in regard to filing for divorce. In some cases they are able to return to the state in which they were married and complete the divorce process there. There is also the possibility of filing for divorce in the state of residence, then waiting to see how the court will handle that action. However, these options presume that both spouses are willing to work together to reach an amicable end to their marriage. When one spouse does not want to ease the process, additional legal issues can arise. One example lies in a challenge by one spouse in regard to jurisdiction. Such a legal challenge could put the brakes on a divorce filing, making it incredibly difficult and expensive for all involved. As the Supreme Court hears two landmark cases on gay marriage, many are advocating for equal rights to divorce. The American social landscape is changing, and more and more states are acknowledging the rights of gay couples to wed and establish a legal family. It is essential that the law in Massachusetts and elsewhere keep pace with such changes, and address these and

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